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Retaliation

Federal court clarifies ‘Protected activity’ under the FLSA

08/04/2008
The 5th Circuit Court of Appeals has issued an important ruling in a Fair Labor Standards Act (FLSA) case. It marks the first time the court has defined exactly what the FLSA means when it refers to filing a wage-and-hour “complaint.” The court’s decision is important because it means employers that punish employees who file complaints may be liable for retaliation …

Come down hard on supervisors: No telling employees to drop discrimination complaints

08/04/2008
Want to know the easiest way to turn an almost-sure win in court into an almost-certain loss? Allow supervisors to tell employees they should drop an EEOC or other discrimination claim. The simple act of suggesting that a lawsuit isn’t in the employee’s best interest may amount to retaliation if the suggestions would dissuade a reasonable employee from complaining in the first place.

Is time off for voting required? Paid?

08/04/2008
Q. Must an employer give employees time off to vote? If so, must we pay employees for the time they spend voting? …

Whistle-Blower suit against Duke Energy heads to trial

08/01/2008
John Deeds, former director of regulatory initiatives for Duke Energy, won Round 1 of his whistle-blower lawsuit against the utility. Deeds claims he was fired in April 2006 after questioning whether payments Duke Energy made to certain large customers were “sham transactions” intended to buy support for rate increases …

There’s protected activity, then there’s harassment

07/28/2008
When employees think they are working in a hostile environment, emotions often run high. If an employee believes he is working under intolerable conditions, he may strike back with a harassment campaign of his own. Anonymous letters, e-mails and other unconventional forms of communication may amount to reverse harassment—and you don’t have to tolerate it …

N.J. Transit Authority police chief stuck in legal traffic jam

07/28/2008
Joseph Bober, police chief for the New Jersey Transit Authority, is at the center of a five-lawsuit pile-up over everything from discrimination to punching an employee in the gut. Lt. Theresa Frizalone filed the first suit—charging sex discrimination—in March 2007 …

Track discrimination claims to head off post-Firing suits

07/25/2008
Workers who have lost their jobs often look for some ulterior motive to explain their terminations. Here’s what to do if a former employee claiming he was targeted because of a discrimination complaint sues you: Check when the complaint first came to light. Any complaints should have been logged and time-stamped, even if the complaint wasn’t written …

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

FMLA leave-Takers aren’t untouchable, but courts will look closely at timing

07/24/2008
Employers that come down hard on employees who have just requested FMLA leave are looking for trouble—especially if the employee was performing well until recently. The timing will look suspicious …

Contractor decision costs FedEx $319 million as class action grows

07/24/2008
Official class notices were sent out in June to 27,165 present and former FedEx delivery drivers in the multidistrict lawsuit challenging the company’s independent contractor model. The court certified class-action status for drivers from 19 states, including Pennsylvania …